With these strange times and uncertain economic conditions, the magnifying glass is, once again, put on the practices of employers across Florida and the U.S. With millions of workers across the U.S. experiencing reduced income (or job losses altogether), it’s worth considering whether you are actually leaving money on the table by way of your employer not paying you all that you’re owed. This blog will lay out some common scenarios in which your employer might be violating the Fair Labor Standards Act (FLSA).
- Not paying you the correct overtime rate. This is among the most common ways that employers flout the terms of the FLSA. Hourly workers (not salaried employees, which will be explained later in the blog) must be paid 1.5 times their normal hourly rate when they work more than 40 hours in a consecutive seven-day period. Employers must still pay employees for overtime hours worked if the work was unauthorized or not approved.
- Misclassifying workers as salaried, rather than hourly. There are a whole host of protections and rights available to hourly workers that are not extended to salaried workers. For example, paid rest and meal breaks, minimum wage, and overtime pay are enjoyed by nonexempt, hourly workers. There are strict requirements that employers must satisfy in order to classify a particular worker as salaried and exempt. For instance, you must have some executive, administrative, or professional duties to be considered exempt. Otherwise, you should be considered an hourly employee.
- Not getting paid for all hours worked. Unfortunately, there are many ways employers attempt to get around compensating their employees for work performed. This could include forcing hourly workers to skip breaks to which they are entitled under the FLSA. Again, hourly workers must be compensated regardless of whether the work performed is approved by the employer.
- Not keeping full, accurate records. Under the FLSA, employers are responsible for keeping all records related to wages and hours worked for hourly employees. These records must be kept by the employer for a three-year period. If your employer does not require strict compliance when it comes to keeping track of your hours and pay, it is possible that he or she does not have the documentation required by the FLSA.
Feldman Legal Group understands how difficult it is for so many workers in Florida to make ends meet these days. On top of your stress and worry, you shouldn’t have to worry about not receiving the pay and benefits you are entitled to. If you suspect that your employer isn’t in compliance with any federal, state, or local labor laws, call us at 1-855-489-4905 to discuss your options.